10-17-2019 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT,
VIRGINIA ON THURSDAY, THE SEVENTEENTH DAY OF OCTOBER IN THE YEAR TWO
THOUSAND AND NINETEEN
PRESENT:
William M. McCarty, Newport District, Chairman
Joel C. Acree, Windsor District, Vice -Chairman
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, Hardy District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor Jefferson moved that the agenda be approved, as presented. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
or authorities.
Upon motion of Chairman McCarty and all voting in favor, the Board entered the
closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor Jefferson and all voting in favor, the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of the
Board of Supervisors is taken on that particular subject matter.
Upon motion of Chairman McCarty, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Donald T. Robertson, Assistant County Administrator, delivered the invocation
and led the Pledge of Allegiance to the American Flag of the United States of
America.
CITIZENS' COMMENTS
Judy Winslow, Director of Tourism, recognized Lois Tokarz of the Tourism
Department for winning a statewide award as Employee of the Year for all DMOs
in the State of Virginia by the Virginia Restaurant Lodging and Travel
Association.
At the suggestion of Supervisor Acree, it was the consensus of the Board that staff
brief the Board at a future work session on the process involved with the last
redistricting.
CONSENT AGENDA
A. Resolution to Designate November 15 - December 15, 2019 as Buy Local
Month
B. Resolution to Accept and Appropriate 2019 Local Emergency Management
Performance Grant (LEMPG) Award ($7,500)
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C. VDEM Dominion Energy Pass Through Funding ($30,000)
D. Resolution to Accept and Appropriate HOME Program Grant Funds
($60,945)
E. Resolutions to Amend the FY2019-20 Operating Budgets and Appropriate
Funding for IT Support for the Towns of Smithfield and Windsor
F. Employment Agreement - County Administrator
G. FOG Enforcement Memorandum of Agreement
Supervisor Jefferson moved that the Consent Agenda be adopted as presented.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
County Administrator Keaton briefed the Board on the most recent discussion held
at the Hampton Roads Transportation Planning Organization involving the
crosswalks on Route 17 in Carrollton and the Virginia Department of
Transportation's request to amend the Transportation Improvement Program for
the upcoming year.
APPOINTMENTS
Supervisor Acree moved that the following individuals be appointed to the Special
Needs Task Force:
Endependence Center — Nicole Davis
Hands & Hearts — Kristin Wilda
WTCSB — Demetrios Peratsakis
SSSVA — Tabitha Smith, Carol Ottofaro
IOWDSS — Rusty Jordan
Brighton Gardens, LLC — Karita Suiter
P&R- William Winstead
VersAbility — Cheryl Collier
BOS — Supervisors Acree and Rosie
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
SPECIAL PRESENTATIONS
Livvy Preisser, Agriculture and Natural Resources Extension Agent & Unit
Coordinator; Jordan Jones, 4-H Youth Development Extension Agent; Brandy
Compton, 4-H Program Assistant; and, Teresa Minton, Unit Support Staff in the
Virginia Cooperative Extension Office formally introduced themselves to the
Board and extended an invitation to attend the 4-H banquet on Thursday, October
24, 2019 at 6:30 p.m. at the Isle of Wight Ruritan Building.
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PUBLIC HEARINGS
A. Application of Bay Sand Company, Inc., Applicant, and Anne Marie Kirk,
Owner, for a Conditional Use Permit on Fifty Acres of Land Out of an 85
Acre Parcel Located on a Private Road off of Muddy Cross Drive (Rte. 620)
to Allow for the Expansion of an Existing Resource Extraction Operation to
be Permitted on the Property.
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview
of the application.
Bill Riddick, Attorney representing the applicant, noted that the applicant has
enjoyed a reputation of being a responsible operator and prides himself on
maintaining his pits in a responsible way. Attorney Riddick relayed that the
applicant has had no serious injuries since 1991 since opening his operation and
there has received no significant violations cited by State regulatory bodies.
Attorney Riddick stated that the Hampton Roads area is enjoying a strong
economy and the demand is great for what his client sells. He stated expansion at
this location makes the most sense because he already has the infrastructure in
place with limited impact on the community. He advised that the applicant offers
with this application a $.23 per cubic yard extraction fee and that since his
operation has been in place, he has paid over $1 million in extraction fees to the
County and expects to pay $185,000 to $200,000 over the next few years in
extraction fees if this application is approved. He stated that the ponds are great
wildlife refuges, can act as recreational areas and can provide a source of surface
water.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed application.
Albert Burckard of the Newport District stated these areas are permanent
environmentally degrading and are not a renewable resource, leaving huge scars in
the ground forever unless they are mitigated. He stated the topsoil is sold so that
the land cannot be returned to its original condition and he asked the Board to
deny the application.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Mr. Rudnicki responded to questions posed by Supervisor Rosie regarding the
Resource Conservation Area and how pits are reclaimed.
Mr. Rudnicki responded to Supervisor Acree's inquiry on the potential effect on
water quality and the owner's vision for this property.
Supervisor Jefferson remarked that the borrow pits of today are much different
than those in the past in which all the resources were removed and the pit left
alone. He remarked that this pit could be utilized by fire departments and it will
offer employment for additional individuals. He stated the owner of the property
could even subdivide that property for his children who could have a nice home on
waterfront property. He remarked that this could be a great opportunity for both
the County and the property owner.
Mr. Rudnicki responded to questions posed by Supervisor Grice regarding no
change in the hours of operation and that the surrounding landowners are active
participants in how their land is being utilized.
Supervisor Acree moved that the application be approved. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
B. Application of Riverside Pest Control, Applicant, and Monster Storage
LLC, Owner, for a Conditional Use Permit (CUP) on 1.93 Acres of Land
Located on IWIP Road (Rte. 10/32) to Allow for Business Support Service.
Trent Blowe, Planner, provided background information on the application.
Chairman McCarty opened the public hearing and called for comments by those in
favor of or in opposition to the proposed application.
No one appeared and spoke in favor of or in opposition.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Todd Paul, owner, Riverside Pest Control, responded to questions posed by
Supervisor Rosie regarding the business type, the blending and repackaging of
products, licenses, the method used to prevent spills and type of chemicals used in
residential and industrial applications.
Supervisor Acree moved that the application be approved. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
C. Lease of the Blackwater River Park Property
County Attorney Jones advised that five bidders had responded to the Invitation
for Bid for the lease of two tracts of land and that the high bidder on the separate
tracts appear to be compliant bids.
Chairman McCarty opened the public hearing for the lease for the northern tract of
land and called for those to speak in favor of or in opposition to the proposed
lease.
No one appeared and spoke in favor of or in opposition to the lease.
Chairman McCarty closed the public hearing and called for comments from the
Board.
David Smith, Director of Parks and Recreation, addressed questions by the Board
pertaining to the length of the potential leases which will be open to the public for
activities such as deer and turkey hunting, horseback riding, hiking and jogging.
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Supervisor Grice asked that the current Advisory Board remain active members
due to their known history of the operation of that property.
Supervisor Grice moved to award the bid to the Bacon's Castle Hunt Club for the
northern tract of land. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Chairman McCarty opened the public hearing for the lease for the southern tract of
land and called for those to speak in favor of or in opposition to the proposed
lease.
No one appeared and spoke in favor or in opposition to the lease.
Chairman McCarty closed the public hearing and called for comments from the
Board.
There being no Board comments, Chairman McCarty moved to award the bid to
the Bent Barrell Hunt Club for the southern tract of land. The motion was adopted
by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
D. Application of Richard and Joanne Antcliff, Property Owners, for an
Exception to the Requirements of Section 4002 of the Chesapeake Bay
Preservation Area (CBPA) Ordinance to Allow Encroachment into the
Landward Fifty Feet of the Resource Protection Area Buffer for an Above -
Ground Pool with Decking and Equipment at 14 Wenley Circle (Rte. 1407).
Kim Hummel, Environmental Planner, provided an overview of the application.
Chairman McCarty opened the public hearing and called for those to speak in
favor of or in opposition to the proposed application.
Richard Antcliff, property owner, addressed concerns expressed by surrounding
neighbors regarding the pool being an eyesore, the impacts should the pool
collapse; and, the type of filter to be used.
Sharon Hart of the Newport District expressed concern with the encroachment into
the Resource Protection Area.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Jefferson remarked that this application is not about it being a hardship
on the applicant and there are requirements in place for a reason.
Supervisor Acree remarked that there have been instances where citizens
knowingly violated regulations and built permanent structures in the Resource
Protection Areas and that he gives the applicant credit for asking permission.
Supervisor Rosie remarked that the Resource Protection Area was established to
protect the waterways and, while the Board has made exceptions in the past due to
hardships, this is not a hardship and he could not support the application.
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Supervisor Grice remarked that, if approved, a condition be placed on the
application that the pool be a salt water pool and not chlorine should there ever be
an overflow event.
Supervisor Jefferson moved that the application be denied which was adopted by a
vote of (4-1) with Supervisors Rosie, Grice, Jefferson and McCarty voting in favor
of the motion and Supervisor Acree voting against the motion.
Mr. Antcliff was recognized by the Chairman and allowed to address the Board.
He advised that this process began a year and a half ago and he has expended
$6,000 to date to have this application heard by the Board this evening. He
remarked that he is very disappointed to spend this kind of money only for his
application to be denied.
The Board took a recess and returned to open session.
Supervisor Acree remarked that Mr. Antcliff brought up a valid point that the
County's system must be broke to allow a citizen to invest that amount of money
believing that if they do the things requested by the County that their application
will be approved. He requested County Administrator Keaton to compile cost
information associated with the Antcliff's application to use as a case study. He
noted that the Board should have a discussion later regarding how it stands
regarding the Resource Protection Area so that staff and citizens understand, as
well as a work session with the Planning Commission.
COUNTY ADMINISTRATOR'S REPORT
Danny Byrum, Fair. Committee Chairman, provided a report on the results of the
2019 County Fair.
The following recipients of Caught You Caring Awards for the First Quarter of
FY2019-20 were publicly recognized: Julie Boswell; Gloria Spratley; Kristi
Sutphin; Nicole Talton; Cyndi Wellman; Christy Phillips; Daniel Archibald; Gary
Askew; Amy Couser; Jenilee Hallman; Kelly Harcum; Marlow Huff, George
Iams; Janette Jeffrey; LaTanya Turner; Regine Walme-Edwards; Amanda
Landrus; and, Malina Springer.
County Administrator Keaton notified the Board that he will be out of the office
the first part of next week attending the ICMA conference.
NEW BUSINESS
Chairman McCarty moved to designate the Chairman as the County's Voting
Delegate and Supervisor Jefferson as the Alternate Delegate authorized to vote at
the VACo annual business meeting. The motion was adopted by a vote of (5-0)
with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
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Following an update by Don Jennings, Director of Utility Services on the Hardy
Elementary School sewer pump station and force main, Supervisor Grice
requested that staff develop plans to respond to the roll out of the School's project
at Hardy Elementary School and the Hampton Roads Sanitation District regarding
how the County can work with them on the pump station and line requirements.
Following an overview by County Administrator Keaton regarding a request for
authorization of a Letter of Support for the Atlantic Coast Pipeline Project,
Supervisor Grice moved that the Chairman be authorized to send a letter of
support for the Atlantic Coast Pipeline project on behalf of the Board. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Following a briefing by Mr. Jennings on orphaned outfalls in rural Virginia
localities, County Administrator Keaton and Chairman McCarty offered to send e-
mails to all County Administrators and Chairpersons in Region 1 prior to the
VACo conference seeking their input so that one voice can be heard at the VACo
Annual Conference.
ADJOURNMENT
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At 9:15 p.m., Chairman McCarty declared the meeting adjourned.
Care MJills Clerk
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Joel C. Acree, C man